Bail Availability Under Article 299 of the Revised Penal Code (Philippines)

(Robbery in an Inhabited House, Public Building, or Edifice Devoted to Worship)

Key take-away: Whether a person charged under Article 299 is entitled to bail as a matter of right or only at the court’s discretion turns on the maximum penalty that may be imposed, which in turn depends largely on the value of the property taken (as adjusted by R.A. 10951) and the manner of entry or violence used.

• Lower-range penalties (up to prisión mayor) → Bail is a matter of right before conviction. • Highest-range penalties (reclusión temporal medium → reclusión perpetua) → Bail is discretionary; it may be denied if the prosecution shows that the evidence of guilt is strong.

The discussion below explains why, citing the constitutional rule, the Rules of Criminal Procedure, the graduated penalties after R.A. 10951 (2017), and leading Supreme Court decisions that guide trial courts when a bail application under Article 299 is heard.

1. Statutory Framework of Article 299

Element	Short description
Offender	Any person who enters an inhabited house, public building, or edifice devoted to religious worship by any of the following means: – breaking a wall, roof, floor, or door; – using false keys, picklocks, or similar instruments; or – using violence or intimidation upon any person inside.
Intent	To take personal property belonging to another with intent to gain (animus lucrandi).
Actual or attempted taking	Liability attaches even if nothing is actually taken provided the qualifying entry methods are present (see Art. 299 ¶3).

2. Penalty Graduations Before vs. After R.A. 10951

R.A. 10951 (effective 4 September 2017) re-calibrated the monetary thresholds of property crimes to reflect inflation. The table below shows the current values followed in bail practice (approximate figures rounded for clarity):

Value of property taken	Penalty after R.A. 10951	Maximum imposable	Bail classification
> ₱1,000,000	Reclusión temporal medium (14 y 8 m & 1 d – 17 y & 4 m) to reclusión perpetua (up to 40 y)	Reclusión perpetua	Discretionary
₱250,000 < … ≤ ₱1 M	Reclusión temporal minimum (12 y & 1 d – 14 y & 8 m)	Reclusión temporal	Discretionary
₱30,000 < … ≤ ₱250 k	Prisión mayor (6 y & 1 d – 12 y)	Prisión mayor	Matter of right
₱5,000 < … ≤ ₱30 k	Prisión correccional medium to maximum (2 y 4 m & 1 d – 6 y)	Prisión correccional	Matter of right
₱1,000 < … ≤ ₱5 k	Prisión correccional minimum (6 m & 1 d – 2 y & 4 m)	Prisión correccional	Matter of right
≤ ₱1,000, or no property actually taken	Arresto mayor (1 m & 1 d – 6 m)	Arresto mayor	Matter of right

The presence of violence/intimidation does not itself raise the penalty beyond the scale fixed by Article 299, but it aggravates the manner of entry; the decisive factor for bail remains the statutory maximum.

3. Constitutional & Procedural Bedrock

Article III, § 13 (1987 Constitution)

“All persons, except those charged with offenses punishable by reclusión perpetua or life imprisonment when evidence of guilt is strong, shall, before conviction, be bailable …”
Rule 114, Rules of Criminal Procedure (as amended) Sec. 4 – Bail as a matter of right for offenses not punishable by death, reclusión perpetua, or life imprisonment. Sec. 7 – Bail as a matter of discretion for offenses where the prescribed penalty exceeds prisión mayor (i.e., reclusión temporal and up). Sec. 8 – Bail hearing: burden on prosecution to show that the evidence of guilt is strong; court must summarize evidence in its order.

4. When Is Bail Automatic?

Scenario A: Information alleges value of ₱200,000 (below ₱250 k) → maximum penalty prisión mayor → bailable as of right; court cannot refuse a timely, sufficient bond.
Scenario B: Value ₱5,000 but accused is a first-offender minor aged 17 → still bailable of right; special rules in R.A. 9344 (JJWA) allow even recognizance.
After conviction in the trial court of a bailable offense, bail remains discretionary (Rule 114 § 5); ordinarily granted unless flight risk is palpable.

5. When Is Bail Discretionary (or Denied)?

Scenario C: Alleged value ₱1.3 million → charge carries reclusión temporal medium–maximum to reclusión perpetua. Steps:
1. Application & Hearing – Accused files motion; court conducts summary bail hearing.
2. Prosecution’s Burden – Begins first, presents testimonial & documentary proof to show evidence of guilt is strong.
3. Court’s Order – Must state facts & law summarizing why evidence is / is not strong and why bail is granted (with amount) or denied. Failure to hold a hearing or issue a reasoned order is grave abuse of discretion (see Lavides v. Court of Appeals, G.R. 129670, Feb 1 2000).

If the evidence is strong, bail may be refused entirely (Const., Art. III § 13). If not, bail may be granted but on stringent conditions (higher bond, travel restrictions, reporting duties).

6. Determining the Amount of Bail

Rule 114 § 9 lists nine non-exclusive factors, all applicable to Art. 299 cases:

Factor	Typical application in an Art. 299 case
1. Financial ability	The court should avoid setting bail so high as to become excessive (Const. Art. III § 13), yet enough to secure appearance.
2. Nature & circumstances	Night-time entry by force, presence of firearms, or violence toward occupants justify a higher amount.
3. Penalty	The nearer the maximum approaches reclusión perpetua, the stiffer the bond.
4–9. Character, age, family ties, residence, prior record, etc.	Judges routinely extract these through sworn questionnaires or brief testimony at the bail hearing.

Bail-bond guidelines (e.g., DOJ Bail Bond Guide 2023) usually start at ₱200,000–₱300,000 for Article 299 with violence and property value above ₱1 M, sliding down to ₱12,000–₱24,000 for values below ₱5 k. These schedules are directory only; the judge may depart for valid reasons.

7. Leading Jurisprudence Touching Article 299 & Bail

Case	Gist & bail lesson
People v. Tulin, G.R. 111376 (25 Aug 1999)	Bail denied because robbery in an inhabited house was committed with deadly weapons; evidence of guilt deemed strong.
Lavides v. CA, G.R. 129670 (1 Feb 2000)	Bail hearing is indispensable in non-bailable offenses; court must make a summary of prosecution evidence.
Padayao v. CA, G.R. 133189 (31 Jan 2001)	Even when bail is discretionary, undue delay by the court in resolving the application violates the right to speedy trial.
Marcos v. Ruiz, A.M. RTJ-96-1365 (11 June 2002)	Judge disciplined for granting bail without a hearing in an Art. 299 charge with reclusión temporal-perpetua penalty.
People v. Aldeguer, G.R. 230100 (5 Aug 2019)*	Court of Appeals properly granted bail on finding that stolen value (< ₱250 k) meant penalty only prisión mayor; constitutional right prevails.

*Post-R.A. 10951 case; confirms new monetary thresholds control penalty—and therefore bail computation.

8. Practical Tips for Counsel

For the Defense

Scrutinize the Information & evidence of value. If prosecution cannot prima facie prove a value above ₱250 k, invoke the lower penalty and demand immediate bail as of right.
Bail reduction motions succeed when the accused has deep local roots, fixed employment, or is a juvenile/senior. Cite People v. Tanes for excessiveness.
Consider recognizance (Rule 114 § 3) for indigent, long-time residents charged at the lower value ranges.

For the Prosecution

Present receipts, appraisal reports, or the owner’s testimony at the bail hearing to nail down value > ₱250 k.
Highlight violence or intimidation to underscore the gravity of the offense when urging a high bond.
Object to unsupported claims of indigency; cross-examine on assets, property, and employment to justify the guideline bond.

9. Special Situations

Scenario	Bail nuance
Child in conflict with the law (RA 9344)	Detention is a last resort; bail or recognizance almost always granted unless 15 y/O or under (exempt).
Plea-bargaining	Accused may plead to Art. 302 (robbery in an uninhabited place) carrying lower penalty, making bail automatic.
Multiple counts / Complex crimes	Each count assessed separately; aggregate maximum guides bail.
After conviction & pending appeal	If penalty imposed does not exceed 6 years, bail is usually a matter of right (Rule 114 § 5[b]); otherwise discretionary.

10. Summary Checklist for Trial Judges

Identify penalty range under Art. 299 as amended.
Classify: Up to prisión mayor → bail of right; beyond (into reclusión temporal/perpetua) → discretionary.
Conduct proper bail hearing when discretionary.
Issue a reasoned order—summarize prosecution evidence, state finding on “strong evidence,” set or deny bail accordingly.
Avoid excessiveness; review DOJ schedule, but tailor to facts.
Resolve speedily—undue delay itself violates constitutional rights.

Closing Note

Bail under Article 299 sits at the crossroads of graduated property values and constitutional liberty. The amendments of R.A. 10951 mean that, in many everyday break-in robberies (values below ₱250 k), the right to bail now applies. Only where the loot breaches the ₱250,000 (or especially ₱1 million) ceiling does the court pivot to a discretionary posture. In those high-value cases, the prosecution’s readiness to prove value and violence at the bail hearing—and the court’s duty to weigh that evidence conscientiously—determine whether the accused sleeps in jail or fights the charge in freedom.